NEPAL: ARTICLE 98 AGREEMENT ENTERS INTO FORCE

UNCLAS KATHMANDU 001390 SIPDIS SENSITIVE DEFT FOR SA, SA/INS, T, AND PM NSC FOR MILLARD LONDON FOR POL/GURNEY E.O. 12958: N/A TAGS: KTIA PREL PGOV PINR NP SUBJECT: NEPAL: ARTICLE 98 AGREEMENT ENTERS INTO FORCE REP: 2002 KATHMANDU 2505 ¶1. (SBU) On July 22, 2003, Nepal's Ministry of Foreign Affairs sent a diplomatic note to the Embassy, informing us that the Government of Nepal (GON) has completed the necessary domestic legal requirements for entry into force of the Article 98 Agreement. The Agreement, signed in Kathmandu on December 31, 2002 (reftel),required the parties to exchange diplomatic notes confirming that domestic law supported the Agreement. The Embassy reminded the GON of this obligation by diplomatic note on June 26. The Embassy will fax both Diplomatic Notes to the Nepal Desk (SA/INS). ¶2. (SBU) Comment: The GON chose to utilize provisions in Article IX of its Treaty Act to meet the domestic legal provisions of the Agreement. The Act states that any international treaty signed by the GON shall supersede domestic law. As Nepal does not have a Parliament and no planned elections, the Treaty Act was the simplest means to ensure compliance with the Agreement. MALINOWSKI